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M 07-06-82TOWN COUNCIL MEETING July 6, 1982 TOWN COUNCIL The Town Council of Los Gatos met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, and Mayor Peter W. Siemens. ABSENT: Brent N. Ventura PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT LIBRARY BOARD It was noted there were two vacancies on the Library Board and only applicants for the vacancies were the incumbents. Mrs. Cannon moved to reappoint the incumbents William Balch and Alberta Stoefen to the Library Board for another three year term. Mrs. Rasmussen seconded. Unanimously carried. APPOINTMENTS-YOUTH ADVISORY COMMISSION Council authorized the Clerk to readvertise for one vacancy of adult member on the Youth Advisory Commission. The closing date for accepting application will be September 15, 1982 and interviews will be held September 20, 1982 prior to the Council meeting. EXECUTIVE SESSION Mayor Siemens reported on the June 21st closed session meeting at which time Council discussed Villa Vasona litigation and no action was taken. Mayor Siemens reported on the July 6th closed session meeting at which time Council discussed personnel matters; labor relations; the settlement of Pedro's litigation; pending litigations and authorized legal action be taken to stop an illegal residence construction on the hillsides. BID AWARD-BUS STATION PHASE 1 AND PHASE 11 PROJECT 275 Mrs. Rasmussen moved to accept staff recommendation and award the contract for Phase 1 to the low bidder, Facilities Leasing Company, in the amount of $37,196.00 and Phase 11 to the low bidder, William G. Blomquist, in the amount of $37,373.50 and authorize the Mayor to sign the contracts on behalf of the Town. Mrs. Cannon seconded. Carried unanimously. WRITTEN COMMUNICATIONS (REFERRAL/FILE a. Letter from William Meyer, regarding a change in zoning of a parcel located at the corner of Saratoga and University Avenues. Mrs. Cannon moved to hold this until Council hearing on July 26, 1982. Mr. Ferrito seconded. Carried unanimously. b. Letter from Donal F. O'Regan, regarding a change in zoning of a parcel located at 469 Wraight. Mrs. Cannon moved to hold this until the Council hearing on July 26, 1982. Mr. Ferrito seconded. Carried unanimously. c. Letter from James D. Lewis regarding handicapped access to the Los Gatos Athletic Club. Mrs. Cannon moved to refer this to the Town Attorney. Mr. Ferrito seconded. Carried unanimously. EMPLOYEES' PSYCHOLOGICAL SERVICES Mrs. Cannon moved to adopt Resolution No. 1982-127 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH HUMAN SERVICES, INC. FOR THE PROVISION OF AN EMPLOYEES' PSYCHOLOGICAL SERVICES PROGRAM. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. SENIOR DAY CARE CENTER Mrs. Cannon moved to adopt Resolution No. 1982-128 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH THE LOS GATOS UNITED METHODIST CHURCH FOR THE EXPENDITURE OF HCD FUNDS TO PROVIDE A SENIOR ADULT CARE CENTER. Mr. Ferrito seconded. Carried unanimously. WINCHESTER BOULEVARD IMPROVEMENTS PROJECT 263 Mrs. Cannon moved to accept staff recommendation and acknowledge the receipt of bids but postpone award of the contract pending resolution of right-of-way negotiations. Mr. Ferrito seconded. Carried unanimously. TRANSIT ASSIST STATION WAGON Mrs. Cannon moved to accept staff recommendation and amend FY1982-83 miscellaneous revenues in the amount of $8,731.07 and appropriate this amount to the Community Programs Department budget. Mr. Ferrito seconded. Carried unanimously. BIDS FOR MONTCLAIR STORM DRAIN-PROJECT 262-SD Mrs. Cannon moved to adopt Resolution No. 1982-129 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR MONTCLAIR STORM DRAIN PROJECT 262-SD, and authorize the Town Clerk to advertise for bids. Mr. Ferrito seconded. Carried unanimously. PARKING-RESTRICTION BELMONT AVENUE Mrs. Cannon moved to adopt Resolution No. 1982-130 entitled, PARKING RESTRICTION-BELMONT AVENUE. Mr. Ferrito seconded. Carried unanimously. CHURCH & E. MAIN STREETS-PARKING RESTRICTION Mrs. Cannon moved to adopt Resolution No. 1982-131 entitled, PARKING RESTRICTION-MAIN STREET. Mrs. Cannon seconded. Carried unanimously. A. MACER RESPONSE Mrs. Cannon moved to accept staff recommendation and advise Ms. Macer that responsibility for the section of Pollard Road is shared by the Town, the County and the City of Campbell and that a joint project for road improvements are under consideration. Mr. Ferrito seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Council information only. COUNTY REFERRALS Mrs. Cannon moved to accept staff recommendation on the following: 12S77.25 Loma Prieta Rd. Lago Lomita Ltd. Modification to road for approved 4-lot subdivision no comment. 1374-30-52-81B-81P 16400 Englewood Avenue Beadle Appeal of County Planning Commission Decision will be heard before the Board of Supervisors Tuesday, July 13. Mr. Ferrito seconded. Carried unanimously. MONTHLY PLANNING REPORT Council information only. HISTORIC STREET NAMES It was consensus of Council to hold this. Mayor Siemens to send letter to various organizations and schools asking for input on establishing a list of historic names to be used for naming new streets in Los Gatos. WEED ABATEMENT CHARGES Mrs. Cannon moved to adopt Resolution No. 1982-132 entitled, A RESOLUTION ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1981-82. Mr. Ferrito seconded. Carried unanimously. MTC REIMBURSEMENT Council information only. FEDERAL REVENUE SHARING Mrs. Cannon moved to adopt Resolution No. 1982-133 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH FEDERAL REVENUE SHARING RECIPIENTS FOR FISCAL YEAR 1982-1983. Mr. Ferrito seconded. Carried unanimously. COMMENDATION SGT. MITCHELL Mrs. Cannon moved to adopt Resolution No. 1982-134 entitled, A RESOLUTION COMMENDING SGT. TOM MITCHELL. Mr. Ferrito seconded. Carried unanimously. STOP SIGN WEDGEWOOD AVENUE Mrs. Cannon moved to accept staff updated report of traffic enforcement on Wedgewood Avenue and the stop signs located at the intersection of Lora, Mulberry and La Rinconada Drive, and direct staff to continue traffic enforcement. Mr. Ferrito seconded. Carried unanimously. JOB CLASSIFICATIONS Mrs. Cannon moved to adopt Resolution No. 1982-135 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING REVISED JOB CLASSIFICATION DESCRIPTIONS. Mr. Ferrito seconded. Carried unanimously. COUNTY HILLSIDE DEVELOPMENT Mrs. Cannon moved to accept staff recommendation and continue consideration until staff has had an opportunity to discuss the matter with the County Counsel's office. Mr. Ferrito seconded. Carried unanimously. MINUTES Mrs. Cannon moved the minutes of June, 21, 1982 be approved as submitted. Mrs. Rasmussen seconded. Carried unanimously. WRITTEN COMMUNICATIONS (FOR ACTION) a. Request from the Senior Coordinating Council to retain balance of 1981-82 Revenue Sharing allocation. After some discussion Mayor Siemens moved to accept staff recommendation and deny the request and the $5,000.00 balance be put into General Revenue Sharing contingency and be designated for use by Coordinating Council for activities. Mrs. Cannon seconded. Carried by a vote of three ayes. Mrs. Rasmussen abstained. b. Letter from Dr. Fred Mansubi requesting reopening of hearing for Zone Change Application Z-81-10 for 15011 National Avenue. Mrs. Rasmussen moved request be denied as reopening of hearings is not current policy. Mrs. Cannon seconded. Unanimously carried. PAYROLL AND WARRANT DEMANDS Mrs. Rasmussen moved Council approve the June payroll in the amount of $291,007.98 and June warrant demands in the amount of $386,342.18. Mr. Ferrito seconded. Carried unanimously. CERTIFICATE-RESULTS OF JUNE 8, 1982 ELECTION Mrs. Rasmussen moved to adopt Resolution No. 1982-136 entitled, RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD JUNE 8, 1982. WHEREAS, a Special Municipal Election was held in the Town of Los Gatos on Tuesday, the 8th day of June, 1982, and was conducted in the form and manner as required by the laws of the State of California governing the elections of General Law Cities, now therefore, declares: The total number of registered voters was 16,778. The total number of votes cast was 8,947 including absentee ballots for two (2) measures submitted to the voters as follows: Measure F "Shall the regular Town Municipal Elections be consolidated with either: General Statewide and National Elections held in November of even numbered years, OR Local School District Elections held in November of odd-numbered years?" Measure G "Shall the Town, pursuant to Article 34 of the California State constitution, enter into an agreement what would provide for the private construction of federally subsidized exclusively senior and handicapped housing units on the Villa Vasona site, bounded by Knowles Drive and Parr Avenue in the Town of Los Gatos?" The votes cast, together with the absentee votes, in the entire Town and received in each of said precincts, are as follows: MEASURE F MEASURE G PRECINCT NOV. EVEN NOV. ODD VILLA VASONA SR. HOUSING NO. YEARS NO. YEARS YES NO ----------------------------------------------------------------------------------------- 3740 135 59 121 85 3743 202 73 141 141 3744 142 56 121 84 3745 206 77 113 175 3746 186 97 118 166 3747 184 65 109 152 3748 176 82 154 118 3749 207 83 163 139 3750 212 95 183 137 3753 183 95 143 131 3754 216 107 154 173 3756 255 160 225 204 3757 153 96 142 113 3758 173 44 87 141 3762 30 9 22 19 3763 175 86 154 116 3764 161 77 136 109 3765 172 73 141 116 3766 140 85 131 102 3769 130 84 119 103 3771 184 78 131 143 3772 211 110 201 134 3774 197 85 165 131 3776 283 131 152 227 3777 208 123 165 174 3778 239 109 156 188 3779 168 105 167 117 3780 109 72 88 96 Absentee 272 91 183 181 TOTALS: 5259 2507 4085 3915 RESOLVED FURTHER: That the Town Clerk shall enter upon the records of this Town Council the results of said Special Municipal Election held June 8, 1982. PASSED AND ADOPTED this 6th day of July, 1982 by the following vote: AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Peter W. Siemens NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Brent N. Ventura ABSTAIN: COUNCIL MEMBERS: None SIGNED: Peter W. Siemens Mayor of the Town of Los Gatos ATTEST: Rose E. Aldag Clerk of the Town of Los Gatos Mrs. Cannon seconded. Unanimously carried. FEES FOR CANDIDATES Discussion was held as to determination of fees for candidates filing of statement of qualifications. Mrs. Rasmussen moved to waive fees and no costs be assessed for candidates for the November 2, 1982 election. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. BALLOT MEASURE FOR NOVEMBER ELECTION Town Manager informed Council of requirements for placing a measure regarding increase of Hotel/Motel tax on the November 2, 1982 ballot. This requires a public hearing be held and said hearing had been scheduled for July 19, 1982. After said hearing then wording for a ballot measure would be decided. Mr. Ferrito moved this be continued to July 19, 1982 at which time a public hearing will be held. Mrs. Cannon seconded. Carried unanimously. Mrs. Rasmussen asked for written statement from the Election Code regarding candidates filing date for November 1982 election and also the closing date and whether the recall election will in any way effect this ruling. BANDOV APPEAL Mayor Siemens stated this was the time and place duly noted for continued public hearing to consider an application for tentative map for a 4- lot subdivision at 17962 Daves Avenue. As reported by staff the applicants have been working with the City of Monte Sereno regarding street alignment and to date this has not been resolved and applicant has requested continuance to August 2, 1982. Mrs. Cannon moved request be granted and this be continued to August 2, 1982. Mrs. Rasmussen seconded. Carried unanimously. TELEPROMPTER CABLE TV SERVICE Mayor Siemens stated this was the time and place duly noted for continued public hearing regarding Teleprompter correcting the conditions as noted in the Hammett & Edison's technical audit. Dr. Serena Wade, San Jose State University Professor, made a presentation to Council regarding survey undertaken by her students. Council commended Dr. Wade on said survey. Mr. Paul Morbeck, District Manager for Teleprompter, distributed to Council a report regarding problems detected by Hammett and Edison audit and the corrective actions taken by Teleprompter. Mr. Morbeck stated his firm is in compliance with the Town ordinance and wishes to improve the quality of the service and would gladly meet with staff to work out any further problems. Discussion was held regarding Town's conditions of granting franchise. Other people speaking on the poor service received from Teleprompter were Al Hinds, Rick Melzig and Larry Goldsteen. After further discussion, Mrs. Cannon moved to continue this to July 19, 1982. Mrs. Rasmussen seconded. Carried unanimously. REVISED FEE SCHEDULE-PLANNING, ENGINEERING & POLICE DEPT'S Mayor Siemens stated this was the time and place duly noted for public hearing regarding revised fee schedule for Planning, Engineering and Police Departments. Carol Conners, representing the Los Gatos Saratoga Board of Realtors, spoke in opposition to some of the proposed fee changes and the lack of charging a fee for filing an appeal. No one else wished to speak. Mrs. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito moved Council adopt Resolution No. 1982-137 entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT, SUBDIVISION PROCEEDINGS AND VARIOUS ENGINEERING SERVICE. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING DRAINAGE AND STREET TREE FEES. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING SECTION 7.01.170(b) OF THE TOWN CODE RELATING TO BUILDING PLAN CHECK FEES. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito questioned the cost recover on issuance of concealed firearms permit and secondhand dealer permits. Mr. Ferrito moved to reopen the public hearing and refer the proposed resolution regarding fees for certain Police Department services back to staff for review. Mrs. Cannon seconded. Carried unanimously. CHANGE ELECTION DATE Mr. Ferrito moved to adopt Ordinance No. 1541, entitled ORDINANCE ADDING SECTION 2-3.4 TO THE TOWN CODE CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS TO THE DAY OF THE STATEWIDE GENERAL ELECTION. Mrs. Cannon seconded. Carried unanimously. AU APPEAL Mrs. Rasmussen moved to adopt Resolution No. 1982-138 entitled, RESOLUTION DENYING AN APPEAL FROM THE TOWN PLANNING COMMISSION. Mr. Ferrito seconded. Carried unanimously. TEXERA-APPEAL Mrs. Rasmussen moved to adopt Resolution No. 1982-139 entitled, RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION (749 Pollard Road-Texera Construction Co., Inc.). Mrs. Cannon seconded. Carried unanimously. Mr. Ferrito suggested Planning Director send copies of the adopted Resolutions on appeals to Planning. MOU-AFSCME James Schoenborn, employee, spoke to Council requesting that MOU be made retroactive to July 1, 1982. P. Regehr, Business Agent Representative of Local #101, also spoke in protest of being penalized because the MOU was signed before June 30, 1982. Mrs. Rasmussen moved to adopt Resolution No. 1982-140 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, CORPORATION YARD UNIT. Mrs. Cannon seconded. Carried unanimously. Mr. Ferrito moved to amend the motion to make the agreement retroactive to July 1, 1982. Mayor Siemens seconded. Amendment failed with Mrs. Cannon and Mrs. Rasmussen voting no. The vote on the original motion carries unanimously. SALARY AND POSITION CONTROL Mrs. Cannon moved to adopt Resolution No. 1982-141 A RESOLUTION AMENDING RESOLUTION 1982-122, "A RESOLUTION ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1982-83. Mrs. Rasmussen seconded. Carried unanimously. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:50 p.m. FIVE CENT GAS TAX PROPOSAL Peter Giles representing Highway Financing Task Force, spoke to Council on the proposed November ballot proposition of a 5 cents gas tax increase and spoke on other cities who have taken action on this. Mrs. Rasmussen moved to accept staff recommendation and approve the draft ballot measure and the 'Agreement' in concept, but only with the suggested changes relating to the Route 85 Corridor. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. BUDGET FY82-83 Council information only. Note and file. SANTA CLARA COUNTY CUTBACKS Council information only. BROADWAY EXTENSION Mrs. Rasmussen moved to adopt Resolution No. 1982-142 entitled, BROADWAY EXTENSION DEDICATION AND ACCEPTANCE, with the word "maintenance" deleted from the last paragraph. Mr. Ferrito seconded. Carried unanimously. POLICE ALARM ORDINANCE Mrs. Rasmussen moved to adopt Ordinance No. 1542, entitled ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 34 TO THE TOWN CODE PROVIDING FOR REGULATION OF POLICE ALARMS AND IMPOSING A SERVICE CHARGE FOR THE CAUSING OF MORE THAN FOUR FALSE, ALARMS IN A SIX MONTH PERIOD. Mrs. Cannon seconded. Carried unanimously. TREE MAINTENANCE AND RETENTION Mrs. Cannon moved to approve the attached Typical Tree Maintenance Agreement in concept and authorize the Town Manager to sign individual agreements on behalf of the Town. Mr. Ferrito seconded and requested an amendment to the motion to include "If any legal action must be instituted to enforce the agreement, the prevailing party would be entitled to attorney's fees". Mrs. Cannon accepted the amendment. Carried unanimously. COMMUNITY EVENTS Mrs. Cannon moved the downtown Christmas decoration be put into fund raising category. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Siemens voting no. Dan Brown, member of Jaycees, asked for Town review of said cost. Sue LaForge spike on cost by the Chamber for the Christmas lights. Mr. Diesner, President of Lions Club, spoke on cost by Lions and feels they would like to negotiate various costs and can lower any cost to the Town. William Regan of Kiwanis Club, spoke on activity of Kiwanis and donations to various clubs and organizations. Mayor Siemens moved Cats Hill Race into first category. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved to approve the concept as amended of full cost recovery for community events that are fund raising/private benefit in purpose; and approve the concept of Town support for non-fund raising community events to be provided from General Revenue Sharing, or a specific General Fund allocation for Transit Occupancy Tax revenues. Mayor Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon abstained. HOURLY EMPLOYEES Mrs. Rasmussen moved to accept staff recommendation and make no change in current policy of not providing benefits to hourly employees. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. This issue will be reevaluated at a later date. TRANSIT ASSIST Mrs. Cannon moved to authorize staff to notify Transit Assist riders of program changes necessitating curtailment of the program to one van and less hours of operation, such changes to go into effect July 19, 1982 and be in effect until the program's budgetary situation improves. Mrs. Rasmussen seconded. Carried unanimously. SEWER LINE MAINTENANCE Mrs. Cannon moved to refer this matter to staff for follow up report to Council August 2, 1982. That Council have some policy of sewer line maintenance as County Sanitation District. Mayor Siemens seconded. Carried unanimously. RENTAL MEDIATION EXTENSION Mayor Siemens suggested the extension of the Mediation Ordinance. Bobbie Crafford spoke in opposition to the extension. Mr. Ferrito moved to direct the Town Attorney to draft an ordinance extending said Mediation Ordinance and bring back to the Council meeting of July 19, 1982. Mrs. Cannon seconded. Carried by a vote of three ayes. Mrs/ Rasmussen voting no. ADJOURNMENT Mayor Siemens declared the meeting be adjourned at 12:05 a.m. to a closed session. The meeting will not reconvene and Mayor will report on the closed session at the next meeting.